Indiana Health Care Law Questions & Answers

Q: Who to best seek help from concerning someone with mental health problems who is about to loose their home

1 Answer | Asked in Health Care Law, Animal / Dog Law and Patents (Intellectual Property) for Indiana on
Answered on Oct 30, 2018
Kevin E. Flynn's answer
I am sorry to hear of your situation. Your question was listed for patents (inventions). You may have meant paRents but that is not a category.

You may want to post the same question under Family law or Elder law as this is a question of intervening when a family member may not be competent to take make decisions and others need to act on that person's behalf.

I hope that this helps.

Kevin E Flynn

Q: Can an employer tell an employee not to take a prescription from a work-related injury that says to take "as needed"?

1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Health Care Law for Indiana on
Answered on Oct 24, 2017
Chase T Wilson's answer
In this case the employee would likely receive something from the doctor, assuming this is a work comp doctor, saying that he/she will need to be off work for a certain amount of time if the pain is too much. My recommendation in this situation would be to have the employee go back to the doctor to see if time off work is necessary. If the employee needs to take the muscle relaxer to get through the day, but it interferes with their ability to perform their duties then they likely need to be...

Q: Neighbor's dog ran on my property and bit my leg. Do I have a claim?

2 Answers | Asked in Personal Injury, Health Care Law, Landlord - Tenant and Small Claims for Indiana on
Answered on May 22, 2017
Chase T Wilson's answer
Do you have a claim?: Maybe, this depends on whether the dog has shown a violent propensity before, this is known as the "one bite" rule in Indiana. Basically, if the dog has never bit anyone before then the owner will not have had sufficient notice of the dog's violent propensity and therefore cannot be determined to have been negligent.

What should you do?: Two things, 1) If you're injured you should seek medical treatment and then contact a personal injury attorney about pursuing a...

Q: My wife and I are caring for her mother in our home. Is a LLC or corporation a precaution to limit our liability ?

1 Answer | Asked in Health Care Law, Business Formation, Elder Law and Personal Injury for Indiana on
Answered on Apr 28, 2017
Chase T Wilson's answer
I'm not sure how you'd be held liable for anything here if you're taking care of your daughter's mother. Forming an LLC seems like a bit much.

Q: My mom won a lawsuit and is on Medicaid and Medicare. How can we protect her benefits

1 Answer | Asked in Health Care Law for Indiana on
Answered on Mar 11, 2017
Paul Stanko's answer
If your mother had an attorney represent her on the lawsuit, she should consult with him. There may be significant tax and estate planning issues that should be resolved BEFORE she gives money away!

Q: How do I cover myself from a lawsuit while providing in my home health care for my mother in law?

2 Answers | Asked in Health Care Law, Contracts, Elder Law and Personal Injury for Indiana on
Answered on Oct 1, 2016
Paul Stanko's answer
If you are conducting a business in your home, talk to your insurance agent about getting a rider on your homeowners policy.

Q: If a business changes from corp owned to franchise can they discontinue short term disability benfits for pregnancy?

1 Answer | Asked in Health Care Law, Business Law and Employment Law for Indiana on
Answered on Sep 17, 2016
Paul Stanko's answer
Check your employment contract, if any. Then also check your benefits package. If your employer changes, your rights can as well.

Q: Hospital staff releases info about my chemical blood test and arrest on Facebook Can that result in dismissal of result

1 Answer | Asked in Civil Litigation and Health Care Law for Indiana on
Answered on Sep 11, 2016
Paul Stanko's answer
Your gripe is with that nurse. As long as the result is properly documented, it is unlikely it will be suppressed.

Q: I had surgery last year (pre-approved by ins). After, the Anesth. Dr billed me as he was temporarily out of network.

1 Answer | Asked in Medical Malpractice, Consumer Law, Civil Litigation and Health Care Law for Indiana on
Answered on Jun 27, 2016
Peter N. Munsing's answer
I would suggest to the facility that arranged for the pre cert that if they have an out of network person for anesthesiology then it is up to them to tell you, and tell the anesthesiologist as he didn't let you know he was out of network you are not paying.

At the same time, I'm not seeing that you ran it through the out of network on your policy. Suggest you file a complaint with the medical board and also the insurance commissioner for your state. It's a common problem and there may...

Q: Can a hospital change the payment account number on a payment check before cashing it?

1 Answer | Asked in Collections, Health Care Law and Medical Malpractice for Indiana on
Answered on Jan 13, 2016
Adam Studnicki's answer
Not sure how this is malpractice, but check with a consumer protection or debtor's rights lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local...

Q: Must health insurance providers pay for mammograms in Indiana?

1 Answer | Asked in Health Care Law for Indiana on
Answered on Jul 20, 2011
Burton A. Padove's answer
Here you go:

IC 27-8-14-6

Breast cancer screening mammography; coverage

Sec. 6. (a) Except as provided in subsection (f), an insurer must

provide coverage for breast cancer screening mammography in any accident and sickness insurance policy that the insurer issues in Indiana.

(b) Except as provided in subsection (f), the coverage that an insurer must provide under this section must include the following:

(1) If the insured is at least thirty-five (35)...

Q: Definition of Indiana mental illness

1 Answer | Asked in Health Care Law for Indiana on
Answered on Dec 9, 2010
Paul Overhauser's answer
For purposes of health insurance, Indiana is one of three states in which a "mental illness" is defined by the insurance policy, not by state law. Thus, the defintion depends on the particular policy. FYI the other two states that take a similar apprach are Minnesota and New Mexico.

Paul Overhauser

318 891-1500

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